When Does My Dissolution Take Effect?
Ohio law offers couples who want to end their marriage two ways to terminate the union: dissolution or divorce. Dissolution proceedings are usually quicker and less painful for you and your children than a divorce.
Before filing for dissolution of marriage, both spouses must enter into a written agreement that addresses all issues incident to the end of their marriage. Some of these issues include:
- Division of debts and property
- Child support
- Rights and responsibilities regarding children
The written agreement dividing debts and properties is called the separation agreement. Though the separation agreement can cover the allocation of parental rights and responsibilities, this can also be a part of a shared parenting plan both parents agree to.
Due to the complex nature of the legal issues related to these matters, it is almost always worthwhile for both spouses to hire their own attorneys to assist them in resolving these issues.
After you and your spouse have signed your separation agreement and, if applicable, your shared parenting plan, the following steps will occur:
- The court will receive copies of your dissolution petition, separation agreement, and shared parenting plan
- The court will schedule a hearing between 31 and 90 days after your dissolution petition is filed for you and your spouse to appear for a brief hearing; this hearing might be scheduled for sooner than 30 days if you and your spouse entered into the collaborative divorce process
- You and your spouse will need to acknowledge that you understand and agree to the terms in the separation agreement, and that it is fair and equitable to you
- Both of you will also need to acknowledge that you believe the parenting plan is in the best interest of your child or children
- The court will formally end your marriage and put into effect the terms of your agreements with a court order
To learn more about the differences between dissolution and divorce, please contact the Law Office of John Heilbrun or call 513-321-3940 today to arrange your consultation at one of our Cincinnati-area locations.